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tv   ABC7 News at 4  ABC  December 16, 2015 4:00pm-5:01pm EST

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was trying to render aid. jonathan: the former state's attorney. >> tell the driver listen he needs to go to the hospital. he was the wrong one to go after. they shouldn't have gone with him first. but they needed to because he is the only one that came in, talked to them without a lawyer and explained that the man had asked me for medical care. i passed that information on. >> thank you sir. brad: that is warren brown, a defense attorney. he has defended police officers against allegations of crimes in the past as well. [siren] the siren you hear is an ambulance. this is a busy street here. st. paul street. excuse me, calvert street. ambulances come through here all the time. we don't have any way to know if it's involved with what so you have heard a couple of opinions there for people that watched every minute of the trial. the defense attorney and a to
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to -- and a protester felt the case was flawed and faulty. you heard a man say there was a negative reaction there as well. if you'd like, i can walk up the street here, we can get the president of the naacp. jonathan if you want to take it back for a minute we'll line it up or you can walk with us here. jonathan: brad, let me cut you off for a second. keep an eye on that for me. i want to give you a breather to figure out what is happening around you and get back to us in a second. in that time, let me bring in glen ivy the former st. attorney, prince george's county. i appreciate you taking the final for us, mr. ivy. i'm curious, in this case going toward we knew with the officers that were going to court there were a lot of people that said listen, if you have the evidence, hammer the evidence. if you have witnesses, hammer the witnesses. if you have nothing, you hammer the table. there were a lot of critics before the case made it to trial that people felt like they were hammering the table. they had nothing. yet, here they go and the first one -- this is a big
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one -- a hung jury. your reaction is what? glen: i would say the trial unfolded i thought it might be headed toward a hung jury. the challenge that the prosecutor had are several. one is this is an omission versus a commission case. sot instead of having a case where the police officer shoots somebody, or hits them with a nightstick or something along those lines, you are talking about failure to trap him in with a seat belt and those issues. failure to follow a rule. the other part is the circumstantial aspect of it. so instead of having direct evidence where witnesses saw the officers do something illegal it's more trying to piece it together based on the medical examiner in particular. it was tough on those. the defense did a very good job of challenging the experts. they got their own experts to come in and bring in a contradictory theory about
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you know, what happened, when his neck was broken. and i thought they did a good job of humanizing porter and presenting him as a conscientious officer. jonathan: let me ask you this. is this a big blow right now for the prosecutors going forward? >> glen: well, it depends. i think this is not what they would have wanted. i'm sure they wanted a conviction, at least on one of the counts. but, you know, i think if they are able to go forward and get a conviction out of it, you know, it will be okay. the big problem they are facing nowxñ is that, you know, the cases don't get better for a prosecutor as you go forward. you usually go forward and you show your hand when you put your first trial on there. you do your best shot. if you don't get the conviction when the defense has transcripts and have seen the theories and how witnesses do. they will be better to cross examine them and challenging the other.
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jonathan: we appreciate you taking the time. stand by. we want to go back to brad bell. what is happening out there in front of the courthouse? anything changing? brad: no changes. but i want to introduce you to someone, who is a person we got to know through the trial. tessa hill-aston president of the baltimore chapter of the naacp. you watched every second of the trial. what was in your heart at the moment when you heard it would be a hung jury? tessa: i was disappointed for freddie's family and disappointed for the city. i think freddie went through a lot of pain. i thought there would have been indictment on the reck lest endangerment and -- reckless endangerment and misconduct. but after being talked to and counsel by the advisers that are liberal-minded people they told me this is the first of six. we still have five more to go and officer porter is the officer, low man on the totem
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pole. i think even though he admitted that freddie asked him for medical help he admitted that he did not fasten him in the seat belt. but he said he also toldda superiors that freddie needed medical help. brad: the jury had to look at this from the viewpoint of an officer, not the 20/20 hindsight. >> he told the superiors and then stood down. that may not be how we look at it in our hearts but legal-minded or the seniority it may not have been his call. he did what he thought he was supposed to do, stand down and turn it over to the superiors. brad: you are an influential person. people listen to you. we are listening to you now. what is your message to the city now in light of what has happened here? tessa: all the wonderful young activists out here that i have met and i know, i think they should continue to do what they do by showing their anger by holding signs and saying we want justice for freddie. that is fine.
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but don't do anything that puts yourself in harm distance of a police. they are trained to take you down, lock you up and we don't want that outcome. please, anybody else, do not do anything to destroy your city. brad: do you feel this is reason for anger? tessa: yes. brad: the call was for justice and this was aggressively prosecuted. tessa: it is reason for anger. right now people were happy there were indictments because it's the first time. so it's a wonderful thing to get indictment for a police officer. we have enough crime in the city with black-on-black crime. people try to mix it. that is a different avenue to go down. when the police who are trained to protect us take someone down that is totally different. regardless of what people think it's a totally different thing for officer to kill and hurt someone when all they have to do is lock them up and take them to central booking. that is what they are supposed to do. so to beat someone hit
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someone, maim someone and then take them for a rough ride and then open the door and they are half dead or dead, that is inappropriate. brad: you are reacting to what governor larry hogan said yesterday when he was questioning why no protest for the horrible state of murder. tessa: that is something we have to deal with. we need drug treatment on demand and black men to get trained for jobs. we need the vacant houses taken away and boarded up, or torn down. we need not little children to be playing on the steps of the vacant houses anywhere in baltimore. when you leave people in that environment and then don't have jobs, everybody that is standing on the corner is not a criminal. even standing on a corner is not a drug addict. they are standing there because they don't have hope and they don't have jobs. we're working hard to get expongment. we're doing well to get the people who need help. so instead of chasing drug addict, chase the drug dealer and the people with guns and
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not the innocent person addicted. that is the person who needs medical attention or mental health. but not to be locked up and not to be dead by police hands. brad: would you like to see the trial, this case tried again? tessa: i don't know. i don't want to say that until i talk to the legal advisers. i don't know if it's worth it. that is my opinion. they need to move on and have an indictment with the other five. brad: thank you. jonathan: brad, ask her a quick question. brad: yeah jonathan? jonathan: can you ask her if she thinks the indictments will be enough justice if the other cases end the same way? will indictments be enough for sense of justice? brad: she is answering other questions for folks. surrounded here. you can see what is going on. your question is will it be enough justice if there are convictions in the other cases essentially? jonathan: basically, if the other cases go the way this case went, will the fact that
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the officers were just brought up on charges and indicted be enough for a sense of justice or not even in the vicinity? brad: you know what? she answers is that. i can't really jump in here on the folk's live interviews as well. jonathan: understood. brad: but she said that is the case. she feels this is not justice. even though the facts have been tried, she has said all along very simply that she feels that freddie gray died somebody caused his death somebody needs to be held responsible. so she is not happy with this. she does not think it is justice at this point. clearly the mayor believes differently. she believes that the test of the facts does yield justice. that is what the system teaches us. justice is taking the cases to court, testing them before a jury. that is justice. it doesn't have to yield a conviction. we shouldn't prejudge.
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so we'll see how it plays out. that is what she has been telling us all along. jonathan: what is interesting that you just said is obviously freddie gray died at the hands of an officer. we don't know which officer. but she alluded to the fact that porter in this case was the low man on the totem pole. what does that mean? who is the one? who will be the big case if everybody is hinging hopes looking for an indictment and conviction this would be the one? brad: yeah, she says low man on the totem pole. you said something i want to clarify. she claims that freddie gray died, somebody caused his death. and therefore, someone needs to pay. she is not saying that necessarily died at the hands of an officer. the evidence presented in this case and will be presented in the other cases is that freddie gray died because he got up in the back of the police van with a force similar to diving into a shallow pool head first hit his head against the side of the van. that is what caused his death.
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she says low man on the totem pole was because his role in this case was essentially minimal. at the initial arrest of freddie gray officer william porter responded but only did crowd control. when freddie grey was taken out of the van and put back in he stood by and watched jonathan. that is what it means. this is not someone who made the arrest and really laid hands in a harmful way on him. jonathan: brad, thank you for clarification. i appreciate it. i know you have been following the case since it got started. stand by. we'll get to kevin lewis real quick at city hall. let's bring in kevin lewis now. kevin, i got to imagine there is strong reaction reverberating through city hall now in reaction to the deadlocked jury. meaning this case, the first trial of the first officer in baltimore has ended. and has concluded with the officer walking free. this case has deadlocked. meaning it is over. because the jury could not come with the unanimous decision to either convict or to acquit.
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the judge has no option but to just dismiss this case. kevin: that is right. this is all coming in line with the evening rush hour, as the sun is setting on the city of baltimore. there are certainly a lot of people not happy with the outcome of the trial as they head home. a lot of students getting out of school right now learning the news. i want to bring in chris towns, 24 years old. born and raised in baltimore. chris, how did you learn the news of the mistrial? chris: social media. facebook. kevin: you learned on facebook. so many people in this day and age now are through social media. what was the gut reaction when you found out officer porter walks out today upon a mistrial? chris: i kind of already knew it was going to happen. looking around, you know, they don't put barricades and the extra police force for no reason. kevin: why was the jury hung in your opinion? you have grown up in this city. why couldn't it make a
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unanimous decision guilty or not guilty? chris: people just don't go against the law. i mean -- kevin: were you hoping for a guilty verdict or hoping that officer porter walked? chris: i was hoping for a guilty verdict. kevin: why? chris: he died in their custody. he wasn't dead before they arrested him. clearly something had to happen while he was with them. i mean it doesn't make sense. like i said, people are not going to go against the law in this day and age. kevin: chris you work at john hopkins hospital in downtown. you are a security guard. what procedures are in place for any fear of riding an upheaval taking place again? chris: long hours. upset patients you deal with it all anyway. so we are going to see a lot maybe tonight or in the few
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weeks coming. kevin: were you outside? did you see the scene outside the courthouse? chris: not yet. coming from the barbershop. i'm going to make my way down that way. i haven't seen it. kevin: are you nervous for your city as we go into the evening here? a lot of people are visibly upset. are you nervous or has the lesson been learned that setting fire to buildings is not the solution? chris: i can't tell you. i don't really know. i'm sorry. kevin: wait and see. chris: definitely. kevin: all right chris. thank you for taking time to talk to us. jonathan, that is the sentiment here. people like chris towns coming home from the barbershop, coming home from work wondering what is in store following this mistrial that we just learned about in the last hour. send it back to you. jonathan: kevin lewis, thank you for that. again, the city of baltimore on pins and needles. there is a very strong presence from the police
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department. it's not just baltimore police. they have resources and assets from neighboring police departments. they have been bracing and preparing for this day for some time. ever since the aftermath of freddie gray's death when we saw rioting in baltimore. the mayor was critical of how they handled and how the police department failed to handle what was happening in their city. it took a few days to get control, regain control of their city. they made a point this time around they have trained prepare and they will have a very strong presence. and a mobile presence at that. they will have teams, tack teams as they are called to move around in position of areas considered hot spots and be aggressive in defending the businesses and protecting against problems or protesters that might get out of hand. bring back in glen ivy, the former state's attorney of the prince george's county. i apologize. we had to cut you off earlier.
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fluid situation. your reaction when this is the first case going forward. the prosecutors wanted to have what they consider a slam dunk case to go first to get them momentum and make them feel better about the evidence and what they are bringing forward with the other trials. the jury came back deadlock and the judge will dismiss. glen: the judge doesn't have to dismiss. the way it will go, mistrial is like a do-over. the prosecutor will decide if they want to go forward with the retrial or dismiss. my hunch is they will go forward with a retrial. probably the things they will do first they want to see what the split was. if you have 12 jurors, was it six to six or was it ten to two to convict? acquit. then have a chance to hear from the jurors.
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to hear what they say. jonathan: if it was an 11-1 case you can see where they make an argument to go forward. if it's 11 to convict and one hold out. if you had six to six, most wouldn't touch that case again. they don't want a second failure on their hands. glenn: i don't agree. jonathan: hold that thought. we want to get back to brad in baltimore. brad: something broke out here. we had a young man sheriff deputy came running across the street from the courthouse to get a guy under control. now that the sheriff deputies are pushing back the crowd, i do not know what the young man did. i don't know if he showed something, threw something. i'm not exactly sure. we are right next to the courthouse. you can see that the sheriff's deputies have run across the street. they created a safe zone around someone they put down on the ground.
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i don't know what he did. the sheriff deputy came across the street quickly and got this guy under control up against the building. the crowd immediately comes running over here. people start screaming "justice for freddie gray." now everybody is taking a breath. the deputies are here in front of us. stern faced. it's tense. everyone is hoping that nothing will happen. now the young man going across the street. the sheriff deputies are going across the street. there we go. they are back in their positions. here positions. here comes another young man
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with issues. they do not want him there. they are protecting the courthouse. there is a sense of what we have going here. you can look at the officers' faces and see what they are feeling. they are tense themselves and tern. they, too, are a little concerned about what is going to go on. as we take a look come back here. let me show you what just now happened. in the blink of an eye, literally the blink of an eye the baltimore city police officers formedded up here as well. they were -- formed up here as well. they were not there 30 seconds ago. as soon as the sheriff deputies moved on the person across the street. i don't know what he did. i can't even tell you what happened to him right now. i don't know where he is or if he was taken to and moved along. the police officers came and set themselves up here right now. they do not have their riot gear on. you can see that. is one difference from what we saw last time. we will spin back around. everybody is separated. everybody is back to where they were. you have seen the entirety of that skirmish.
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you saw it start. and you saw it now end. that is it. we anticipated things would happen. no stones turned, no windows broken. there is yelling going on. one of them was asking me what i thought was going to happen. they have a message they want to get out. now the left has been here the entirety of the trial. there we go. "justice for freddie gray, justice for freddie gray" is what they are chanting. "no justice, no peace." again, a small crowd. if you were to count those actively involved in this it's no more than ten or 12. and then there are others who are just watching.
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just watching. i am going to catch my breath as well there. we go. that was a very interesting thing. this is one of the young men who was just pushed by the officers. let me see what he has to say about it. >> wasn't allowed to talk to them. couldn't get to him. couldn't get his name. everything from what i understand he was tackled for no reason. >> you have been leading the protests here ongoing for the past several months. tell me your name and what your organization has been up to and what happened out here today. >> my name is adam jackson. my organization is leaders of a beautiful struggle. we are focusing on the public policy changes that can be made for police accountability. that is what we have been working on. today i'm just here to support folks demonstrating. i'm unsure why the police are being so aggressive. there is not that many people here. it was a gross use of force for no reason on one young man walking on the sidewalk with everything i saw. sheriff department isn't saying anything to us about what he did or why.
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brad: we just saw you being moved away from there as well, correct? adam: i wasn't sure why. i was over here when he got tackled and trying to find out the young man's information so in case he got detained and make sure he got out of jail. but no one let us get to him to find out his information. brad listen what did they tell you when they shoved you? >> nothing. pushed med against a van. shoved several dozen people. moving as a unit, with the arms locked. brad: let me ask you this. why is what happened here not justice? the call was for justice in this case. it was tested before a jury of 12. it failed from the standard for a unanimous verdict in either direction. why is that not justice? or is it just sis? >> the mistrial today? brad: yes, sir. >> all the mistrial means ultimately that the jury was not swayed by the arguments that the state made toward porter and we can ultimately get another trial. that is what a mistrial is. but i think they need to focus on the institutional changes.
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brad: should people react calmly to this? you are protesting and you are calm. ref having a nice conversation. >> i'm a person who supports people who want to demonstrate. people should be mad and allowed to express politically whatever they want to. but ultimately i think that we need to know kiss on the long-term changes that -- focus on the long-term changes to make sure police are accountable in baltimore and maryland. brad: thank you. we'll step away and show you our group. spin around, 180 degrees if you would. look down street. way down the street. you will see that the little group of protesters that was here is now marching away from the courthouse. ordered to city hall. i believe we can see it from news chopper 7 as well as the folks move to city hall. this is lexington street. as you can see this is still open to traffic. the police have not closed it off at all. the cars are creeping through here. i may say that the cars are moving through unmolested.
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nobody is batherring the motorists at -- bothering the motorists at all. they have to go slowly but that is it. we showed you while ago the baltimore police officers that formed up over there. they are now backed away. they are here. they are calm. the sheriff deputies over here that have been guarding this entrance to the courthouse are also back in their line. everybody is calmed down. jonathan: brad let me ask you this. you were there for the first go-around when freddie gray's death happened and the response was the protesters taking over. this is a much different scenario now with the law enforcement really kind of bringing the hammer and fast if there is anything that remotely looks like a problem. is that a much different situation than what you witnessed a few months back? brad: so here is the thing. back in april, i was covering gray's funeral. i was at the funeral.
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we heard there was an issue going up down the street near the mall. i got in a car and drove up there. the first thing i saw was a young person running right at me. actually came up and brushed into my side view mirror and police were in hot pursuit. they were making apprehensions all along. but that sort of stopped. there seems to be a threshold of behavior that the police at that point were willing to accept. it grew to include throwing rocks at them. you know, you are right. i do not anticipate that these guys are going to let anyone start throwing rocks at them without reacting. they don't have shields. they do not have riot helmets on. they are not wearing shin guards. they are not dressed up like baseball catchers like the officers were near the mall and at douglas high last year. so if what we just saw is an indication then, you know, it's -- then you are exactly right. i showed you the protesters
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going down the street away from us. my colleague kevin lewis is over there at city hall. he will take it up from there. i believe they have arrivedded in your area, kevin. kevin: they have come around to the front of city hall. they are standing behind what the barricades that police set up. you can see the three wreaths at the entrance to city hall. there are two officers standing guard. underneath the wreaths. there has to be at least a dozen on the ground level. their hands crossed at their waist. these are all uniform city of baltimore officers. it's currently coming up on 4:30. so one would have to presume there are a number of city employees still working, still inside of city hall. obviously this is one of the most prominently known buildings of baltimore. they certainly don't want any upheaval to happen here. some of the chants we have heard include "no justice, no
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peace." "no justice, no peace." if you don't mind zooming in the center of the lawn here, where there are those violin and instrument cases that have just been laid down. i may be hard to see from where we are standing right now. but there are probably around two dozen instrument cases with american flags draped over them. a man and two men just came and put those all on the grass. he told me they are representing tactics. i asked what the number represents and he said he had to hurry because he wanted to put this in the grass before police arrived and possibly arrested him. regarding the number of protester, i imagine we are talk around 50. many holding signs. handful of these individuals were outside of court today. but certainly many converged on the circus courthouse upon hearing that there was a
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mistrial. that is the latest from in front of city hall in baltimore. back to you in the studio. >> thank you. we continue to monitor all that is going on in baltimore surrounding today's hung jury. basically the case against the first officer william porter has come to an ends. the decision now will be for the prosecution in this case to go over and analyze the jury. they will talk to the jury. they will see how many held out. was this 11-1 or 6-6? depending on that and hearing feedback from the jury, they will decide whether or not they will retry this case. but as it stands now, the first case of one of six baltimore police officers to stand trial for the death of freddie gray is now over. got a statement now from the naacp. they just released it. it'll read an excerpt. whether you like the decision or not the baltimore city naacp calls for frustration and anger to be control and the rights of all people respected on all sides. we must be guided by our own
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sense of what must happen next for baltimore. guided by the tangible sense of frustration and anger held by so many city residents. and guided by the fact that there remains five officers to stand trial for the death of freddie gray. again, this was the first of what will be five more trials going forward. freddie gray was taken into custody and died while in custody. the coroner's office came back and said it was because of what happened in the back of one of the transport vans. he hit his head very hard, breaking his neck. he died a few days later in the hospital. his death sparked a reaction in baltimore, including riots and looting and arson. the city got out of control for a few days and it took police a while to get it back under control. things are different this time. they knew there would be a strong reaction one way or the other. so the baltimore city police department with other agencies and a lot of other resources have been staging and preparing for this day. they have a lot of people, a lot of resources. they are starting to move some
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of the assets now into the city, into some of the troubled spots to see if they can protect any businesses and keep the protesting at least to a nonviolent phase. alison joining us now with the coverage. you have a guest with you as well. alison: we are back in the studio now. the legal analyst is here with us. gayle trotter with schaefer and trotter. thank you for being with us. >> great to be with you. alison: interested to see what you think about this. you have been joining us us throughout the course of the trial. what is your reaction to the hung jury? >> i'm unsurprised. this is a heart-breaking case for everyone involved and the community as well. i predicted i didn't think the jury would convict the officer on the highest and the strongest charges. i thought if anything they would look to the lower charges. so the fact that the prosecution was unable to build a case to convict the officer even on the lowest charges speaks highly on the highest and the about the lack of evidence in this case that the prosecution put forward. alison: saying that, then, do
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you think they will go forward and retry william porter? >> that is a difficult case. prosecutors really do not like to bring cases unless they feel that the weight of the evidence will allow them to basically have a conviction. because a mistrial, hung jury is a failure for the prosecution. so in this case they have already had feedback from 12 members of the community that they didn't have enough evidence to convict him on any of the four charges. so it will be difficult to bring it back. in a high-profile case like this sometimes there is intense political and community pressure to go ahead and retry the case. alison: definitely. so, of course this was just the first of six police officer involved in the freddie gray case. so what does today's mistrial, today's hung jury do or how does it affect these five that are still to come? >> you might remember there was a lot of conflict about
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what order the cases would be tried in. and the officers were successfully able to get their trials made into separate trials. they wanted to make sure that might remember there was a this officer was tried first because his testimony was critical for some of the other evidence that the prosecutor wanted to put forward in the other five trials. so the fact that this is a hung jury, the evidence is out there. but it will make it more difficult going forward. even though jurors in the other five cases will not consider that as part of, you know, what is put before them. but it will certainly impact what the prosecutor does going forward. alison: right. the strategy. >> yes. alison: it's out there now >> right. alison: there was an attorney on the scene that brad bell spoke to earlier. what he said is this guy officer porter was not the one to go after. that it was like trying to put a square peg into a round hole. do you think there is some accuracy to that statement? >> it was a difficult case because you might remember the prosecution's case mainly rested on two things they were staying the officer did wrong. not buckling the defendant freddie gray and not calling for medical help at the time
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that he was requesting medical help. so like you are saying there wasn't a lot of evidence that he acted in bad faith. we even saw during the prosecution's case there was a rebuttal by the defense, by the chief of police of charlottesville who had been with the baltimore police department for a decade. he said that the officer acted in a reasonable fashion. so they had someone with a lot of gravitas telling the jury a reasonable police officer in this situation would have acted the same way this officer did. alison: so throughout the course of the trial they deliberated i think three days some 16 hours. they had 20 witnesses. 100 pieces of evidence. glenn ivey said he believes the defense did a good job of humanizing officer porter. how important was that in this case? >> absolutely! the jury didn't have to look at it as what they would have
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done in the circumstance. maybe they would have buckled him in or called the medics originally. the ability of the defendant have the lawyers put the testimony out there showing what he did is what a reasonable officer would do. you will remember the testimony about saying that he didn't buckle freddie gray because he was afraid he might go for his gun. it might sound crazy to us. but to have people come forth, witnesses to testify about this. it put reasonable doubt in mind of the jurors. alison: thank you so much, gayle. stick around. we hope to come back to you in a few minute. stand by. but now we want to go to the newsroom now. chris papst is standing by. chris, a lot of people have said they heard the news about the hung trial in baltimore from social media. i know there is a lot to monitor there. what are you seeing? chris: that is how a lot of people get news today nowadays. we know a lot of emotion tied to the case, especially with what we saw this year. as soon as the judge announced it was a hung jury went to
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social media to see what people were saying. here are three examples of what some people are saying on social media. we are looking at twitter here. this person says "prosecution thought this case was their best, which they did, and didn't win. the case was weak." this person believes. "this means the other ones -- we believe it would say weaker." the others -- "the cycle will continue as long as there are no consequences. #freddiegray." this one saying, "freddie gray, i do believe there will be justice in this case with a new jury next time. hopefully." so as more people are going to twitter expressing their opinions, we will bring them to you. there is a lot of emotion tied into this case. a lot of peak are sounding off on social media, twitter, instagram and the other social media platforms. so we're now heading over to you. jonathan: thank you very much. stunning decision by a jury. we knew yesterday there was a problem. the jury came back telling the judge they couldn't reach a
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decision. he implored them to go back and continue with the deliberations. they came back this morning. after hours of deliberating, most of the day, they told the judge we are deadlocked. this is not going to have a resolution one way or the other. meaning, it's a hung jury. the judge now basically has to take that and the only thing that can happen now is the prosecution can decide whether or not to refile and retry officer porter. if not this case then will be dismissed. five other officers are standing by to go on trial. we have more coverage. teams in baltimore and coverage throughout for all of this. but take a quick break. when we com
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continuing coverage of what is happening in baltimore in the aftermatthe aftermath of a hung jury, which means the judge in the first officer, william porter charged in the death of freddie gray. it has now been declared a mistrial. the only thing that can happen now is the prosecution refile the case and retry the case. but it will be sometime before we know what the intentions are. if reaction in the city of baltimore as you can imagine not many people happy. there are protesters making that clear. they are out there and vocal. this time around, unlike with the death of freddie gray when we saw the protesters throwing rocks and what turned into looting and rioting, there is a very strong presence of the police on all areas of this. not just in the hot spots but the areas in city hall, they are surrounding the courthouse. in fact, let's get to kevin lewis now. he is at city hall. we're coming up at 5:00, when most people would be getting out of work. i expect and that is when the police would expect the crowd would continue to grow. kevin: absolutely, jonathan. the roads have picked up
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travel wise out here. you had mentioned the police versus the protesters. by sheer eyesight it looks as if there are more sheriff deputies and baltimore city police officers on the ground than protesters. which, of course, is a good thing when it comes to keeping the calm and making the protest peaceful and friendly opposed to what we saw in april. we have been reporting live since just before 4:00. we have seen a lot of people expressing opinion and disapproval with the mistrial vocally. i want to introduce you to michael. you are from new york city. you are an artist. what brought you to the city of baltimore? michael: well, seeing so many cops getting away with murder, literally. and here in baltimore, a special case. i did this painting called "it stops with cops." the point is they say there are many good cops but good
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cops don't let bad cops kill defenseless citizens. so i am trying to get the good cops out there to step forward and confront the blue wall of silence. if a good cop had said something and known something about this particular case, perhaps we'd have a verdict today. possibly a guilty verdict. kevin: we talked when the jury was deliberating and you said you felt it was a good time they were taking hours upon hours, really hashing out all of the evidence and talking about everything that took place in the courtroom. when you heard the word "mistrial," what was the first thought in your mind? michael: people were going to be upset. justice wasn't yet served. until somebody served. until somebody takes responsibility, and somebody pays for the death of freddie gray there will be no confidence in the system.
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kevin: what would you say to the other side of this matter that says that freddie gray had an arrest record, he was notorious on the streets for engaging in illegal activity. he had faked injury before. so that person that sides with the police, what do you say? michael: well, you have to be objective, of course. but freddie gray's arrest record, the conviction record was almost nil. he was a very low-level criminal if you want to call him that. there were much bigger fish to fry, i'm sure. that is kind of a -- it doesn't make any difference. the man died in police custody or after having in police custody. that really is the only thing that matters at this point. kevin: you were just in chicago with the racial undertones with the police department there currently taking place. how does the city of baltimore compare? for the record, you weren't here in april. michael: no. kevin: but from what you have seen on the streets in the trial how does it compare to chicago? michael: at this time it's mild in baltimore compared to
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chicago. in chicago, the streets were full. it is starting to dwindle unfortunately. they want the mayor, they want him gone. and that would sure go a long way toward helping relations. kevin: will you be back for trials through through six if they end up going to a trial? michael: i just might do that. until we make things right yes. kevin: michael, thank you very much for joining us on the air here. this is just one of the protesters who has been outside of the courthouse throughout the entire porter trial. michael says he shelled out $10,000 of his own funds to create these posters. he also had a billboard on a truck he was driving around baltimore to try and get the message across as to what he and many others on the streets in baltimore say is a lack of justice. we will send it back to you in studio. jonathan: we appreciate that. thank you very much. joining us on the phone is rob winehold, a former baltimore police officer. rob, you worked in public policy and crisis management.
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you hear what happened with today's case. and your reaction is what? surprise? not surprise? rob: not surprised based on leading the chronicles from the trial. apparently both sides put on very strong cases. i think it further exacerbates that jurors have very strong feelings about who is right and who is wrong here. hence, a hung jury. there is quite a bit of anticipation. i think that the city is much more prepared for any unrest. and then hopefully peaceful demonstrations as a result of this. i was here every day throughout april. and may. i think all of this, the baltimoreans, people who live here, work here, raise a family here want people to be heard but they want peaceful protests. jonathan: 12 jurors heard the case and they could not come back with a unanimous decision. which tells you that there is obviously a problem with the
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prosecution's case. do you think they will refile and retry the officer? rob: my guess is they will. i said it before in april. i felt like that the state's attorney put her chips, her professional reputationm chips in the middle of the table with how quickly she conducted a con current investigation and charged the -- concurrent investigation and charged the officers. she didn't go to the grand jury or follow the normal process. i think you are starting to see the results of that. struggling to find an opinion. no doubt about it. but i think the state will go ahead and ask for a retrial. i don't know how they can't based on to posture from the beginning. jonathan: do you get a sense then this is going to be -- i know for the proster thes, they won't be -- protesters, they won't be happy unless we get a conviction on the six officers. do you get a sense this may come back than nothing more than someone wasn't strapped in back of a van and hit his
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head on the screen and that is how he was killed? i'm not sure what the outcome will be. if 12 jurors can't come up with a conviction where do we stand if they all get acquitted? rob: a lot has happened. if you think back to april, a police commissioner has been fired. new leadership and a new approach in the posture and the cooperation to handle the i wases from the policing standpoint. at -- handle the issues from the policing standpoint. at the end of the day, this is the system we have in place. baltimore is approaching 330 homicides, the most in many decades. folks want to be safe. they want to safe in their own neighborhoods. every day of the year. so the bottom line is this is a system we have in police. we will have to at a certain point trust the system. more importantly trust the 12 people that are responsible
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for rendering a verdict. i will tell you, this also raises the question should it be tried again in baltimore or should it change jurisdictions? jonathan: rob, we appreciate you taking the time and your perspective. thank you very much. change gears from the coverage. we'll step away from baltimore and get up to doug hill to talk about what is happening in the weather. this will be a repressuring change for a little -- refreshing change for a little bit. doug: talk about a live sunset. this is from national harbor. beautiful view here from the belfort furniture weather center in rosslyn. the sun literally right now is setting. we will see high clouds increase in the evening. then later tonight we will have more cloudiness, low or heavier cloudiness move in the area. that will be ahead of a cold front that will bring us a fair amount of rain tomorrow. the temperatures are way above average. not as warm as the past few days. we will take it. 55 in reagan national. 55 in manassas and fredericksburg. temperatures are not a big factor. we'll stay milder than
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average. watch the authorities fall tonight. only in the mid-40's with the increasing cloudiness. early tomorrow morning the western suburbs will pick up rain. the rain will spread eastward toward metro in the day. on satellite and radar, we have a there of moisture from the south. the actual rain is ahead of the cold front. that is moving through chicago. southwest, pass through little rock. so the front will move eastward. the rain will come ahead of it. rain could be heavy at times. this looks like we should get through the rush hour with only light amount of rain if we get that much. in the day it will pick up in intensity. right now it looks like the front will move quickly here through the day tomorrow. that is good news for us. 6:00 a.m., a couple of isolated showers here and there. we get to 9:30 and that is when the bulk of rain will move in. the yellow areas indicate heavier downpours. look at what happens by 5:30 tomorrow afternoon. according to this model, everything is out of here. it remains damp with the wet grounds but we have a clearing trend develop overnight with the cool high pressure moves
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in. it will be chilly through the next few days. the first half of 2 month we have been very warm. not record warm but the temperatures are well above average. everything we lack at suggests even with the little cold spell through friday night saturday and sunday, we are going to warm right back up again probably for this second half of the month as well. so here is the next seven days. we will take this much at a time. tomorrow, rain. maybe an. inch. we'll check it. clearing, breezy and cooler over the weekend. next week, here comes a warmup with more chances of rain tuesday and wednesday. stay with us now. it's the holidays. and of course, everyone wants to get online at once. to watch things. buy things. but slow internet makes it hard. that's why it's time to get fios. it has the fastest internet and wifi available. with speeds from 50 to 500 megs. and right now, you'll get 50 meg fios internet, tv and phone for 79.99 a month online for your first year. and with a 2 year agreement, we'll give you all the premium movie channels for a year. plus, 400 dollars back. so go online or call now.
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jonathan: back now with the live coverage from the city of baltimore where today the first trial of six officers tried in the death of freddie gray ended in a hung jury. meaning the judge had to declare it a mistrial. whether or not he will be retried is up to the prosecutn. they will have to interview the jury members the break was. there were 12 jurors split, they may not go forward. if it wasbe they will. mistrial, hung jury, they could not come one a unanimous decision to convict or acquit officer william porter. so now we go forward with the city of baltimore bracing for reaction.
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there are now protesters out crying for justice for freddie for them we heard justice only comes in the form of convictions. not convictions of the officers. we are starting by now for a news conference stephanie rawlings-blake. she will go before the microphone to talk about her reaction. she has released a statement but she wants to articulate what is going on in the city and the reaction to what happens. we have a statement but rather than read you excerpts. i can read you a piece of it. "this is our american system of justice. 12 baltimore residents listened to the evidence presented and were unable to render a unanimous decision. as a unified city we must respect the outcome of the judicial process. in the coming days if some choose to demonstrate peacefully to express their opinion that is their constitutional right." she is coming to the microphone. also joined by police commissioner kevin davis. let's listen in to see what
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they have to say. mayor rawlings-blake: good afier today, the jury in the criminal case of officer william porter ended its deliberations without being able to reach a unanimous verdict. all of us if we believe in justice must have respect for the outcome of the judicial process. this is our american system of justice. 12 baltimore city residents answered the call to serve. they listened to the evidence presented and they re decision. if some choose to protest they mustpeacefully demonstrate. that is their right. but i want to be clear about any potential disturbances in our city. we are prepared to respond.
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we will protect our residents. we will protect our neighborhoods our businesses, and we will protect the safety of our first-responders. i urge everybody to remember collectively the reaction needs to be one of respect for the neighborhood. the residents and the businesses of city and for those who have answered the call to serve and protect we will not and we cannot be defined by the unrest. as a city, as a community we are stronger. we are united to be better than what some display to the world in the spring. if for past eight months we have worked relentlessly to unite baltimore with a resol tov our streets -- resolve to have peace in our streets. we have a chance to show the
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country how to be heard peacefully, respectfully and effectively. i know that as a community, we are up to the task. thank you. >> thank you mayor. for the protesters -- and there are protesters out on the streets right now and there will be in the days to come. we respect the right of americans to protest. protesters who are lawfully assembled have a friend in the baltimore police department. we are here to serve as peacekeepers, quite frankly. so we respect the right to protest. we respect protesters and what they have meant for so many years in the great country of ours. there are protesters who are lawfully assembled again will find our police department respects them and we will do everything we can to afford them the ability to protest in this city. folks who choose to commit
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crimes and hurt people, break things or hurt people, you are no longer protesters. you lose the ability to call yourself a protester if you harm people or destroy property. that is something we have spoken about for a few months now. i believe the vast majority of folks understand that very very well. we too, respect the criminal justice process in this country. we exist to protect it. we as a police department and fire department, we have fire chief ford with us here today. our pledge to the folks in baltimore is one of public safety. we are here to protect. we are here to seven. we take that responsibility very, very seriously. thank you. >> anybody have brief
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questions? >> whister, you said that you were -- commissioner, you said you were monitoring social media on april 27. is there any signs similar to what you had seen monitoring social media now? >> we continue to monitor social media. we have pretty robust system in place to make sure that we had every capacity available to identify things we should know about. right now there is nothing that concerns us, nothing that has been brought to our attention at the moment that gives us the impression of any wrongdoing whatsoever. alison: all right. you are hearing now from the officials in baltimore. we are going to go to this other shot at the bottom of the screen where we understand freddie gray's family is about to speak. let's listen in. >> go ahead. >> first, mr. shiply will make a statement on bell half of the family and then i'll make a statement. mr. shipley?
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>> mr. shipley: we want to thank the hard-working jury to their service to the public in their quest for justice. and their personal sacrifice for their time and effort. we are not at all upset with them. and neither should the public be upset. they did the best they could. we are hopeful that ms. mosby will retry officer porter as soon as possible. once again we ask the public to remain calm. patient. we are confident there will be another trial with a different jury. we are calm. you should be calm, too. [inaudible] >> hung juries are not unusual. pl approximately 5% of all the cases tried in the country result in hung juries. most of them are reprosecuted.
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and in a high number of -- a high percentage of the cases there is a conviction. this does not mean it's the end of porter's case. i understand that the judge ordered the parties to appear before the administrative judge. and that the state will be seeking a new trial. on behalf of the supporters. so this saga is not over. personally, i have had the same experience of having a jury come back hung. sometimes the second trial results in a conviction and sometimes it results in an acquittal. so no one should be upset about it.

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